In a recent article penned by Supreme Court Justice Amy Coney Barrett, she issued a stern warning to her fellow justices, reminding them of their role as arbiters of the law, not its creators.
She emphasized that they are "not kings," but rather referees who determine whether the rules have been adhered to.
Justice Barrett's article, published in The Free Press, offered a candid reflection on her judicial philosophy. She underscored the importance of separating personal beliefs from judicial duties, a principle she believes should be upheld by all justices serving on the nation's highest court.
The headline of the article encapsulated her stance: "Amy Coney Barrett Speaks: People think the Supreme Court is about promoting justice. It's really about judging what the law requires."
According to RedState, Justice Barrett's article was quoted in a post, stating, "On the restraint judges must exercise, Justice Amy Coney Barrett writes, 'We judges don't dispense justice solely as we see it; instead, we're constrained by law adopted through the democratic process.'"
This quote underscores her belief in the importance of judicial restraint and adherence to the law as it stands, rather than as individual justices might wish it to be.
In another quote from the article, Justice Barrett reiterated her commitment to upholding the Constitution over personal beliefs. "Justice Amy Coney Barrett firmly believes that her personal views should not compete with her duty to uphold the Constitution: 'The guiding principle in every case is what the law requires, not what aligns with the judge's own concept of justice," the post read.
Justice Barrett further elaborated on the role of judges, stating, "Like Americans more generally, judges hold diverse views about the values by which a just society should live. Yet under the Constitution, the choice between these competing views is made by citizens in the democratic process, not by judges settling disputes."
She emphasized that judges must put aside their personal beliefs in deference to the law, even when they disagree with it.
In a powerful analogy, Barrett likened judges to referees, not kings, stating, "[Judges] They are referees, not kings, because they decide whether people have played by the rules rather than what the rules should be."
Justice Barrett also discussed the conflict between her personal beliefs and the law, particularly in relation to the death penalty. She wrote, "For me, death penalty cases drive home the collision between the law and my personal beliefs. Long before I was a judge-before I was even a member of the barI co-authored an academic article expressing a moral objection to capital punishment."
She acknowledged the tension between her beliefs and the law, but reiterated her commitment to upholding the law as it stands.
She further stated, "If I distort the law to make it difficult for them to impose the death penalty, I interfere with the voters' right to self-government." This quote underscores her belief in the democratic process and the importance of respecting the will of the people as expressed through the law.
Justice Barrett's article serves as a reminder of her rebuke to fellow SCOTUS Justice Ketanji Brown Jackson earlier this summer. Her stance was evident in the court's majority opinion, which she wrote after the judges ruled 6-3 in favor of President Donald Trump's administration in the birthright citizenship case concerning nationwide injunctions.
Justice Barrett's words serve as a powerful reminder of the role of judges in our democratic society. They are not there to impose their personal beliefs or to create laws, but to interpret and apply the laws as they exist.
This commitment to judicial restraint and respect for the democratic process is a cornerstone of our constitutional system.
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